Creating a Persuasive Precedent
- Created by: Rebecca Newton
- Created on: 22-12-09 09:26
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A Persuasive Precedent is one which does not have to be followed by a judge, but which can influence their decision. There are 5 main ways to do this:
If a precedent was made by a lower court.
- In R v. R a judge in the House of Lords followed a precedent set by a judge in the Court of Appeal though he did not have to, which made it illegal for a husband to **** his wife.
Other things said in the judgment - Obiter Dicta
- In R. Howe, a judge decided he…
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